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Home My WebLink About04-1253IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIS L. GREEN, SR., Plaintiff V. BETTY ANN GREEN, Defendant CIVIL ACTION - LAW NO. ?-1T- Id-S3 IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS &-c/ X?L You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 WEIGLE & ASSOCIATES, PC, - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSSURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIS L. GREEN, SR., Plaintiff CIVIL ACTION - LAW V. BETTY ANN GREEN, Defendant NO. 04l- l -- z?_ 3 IN DIVORCE G.':i ?'C::_ r/Y\ COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the above named Plaintiff, William L. Green, Sr., by and through his attorneys, Weigle & Associates, P.C., and Jerry A. Weigle, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: I. Plaintiff, Willis L. Green, Sr., is an adult individual presently residing at 133 Newville Road, Shippensburg, Cumberland County, Pennsylvania 17257, since 2001. 2. Defendant, Betty Ann Green, is an adult individual presently residing at 12047 Gear Road, Waynesboro, Franklin County, Pennsylvania 17268, since 2001. 3. The Plaintiff and Defendant are nationals and citizens of the United States of America, and both have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of the Complaint in Divorce. 4. The Plaintiff and Defendant were married on October 10, 1969, in Leitersburg, Washington County, Maryland. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and the Plaintiff may have the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. 8. The parties have lived separate and apart since May 1998. 9. The Plaintiff requests the court to enter a decree of divorce. WEIGLE & ASSOCIATES, PC, - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony and for such other and further relief to which Plaintiff shall be entitled. WEIGLE & ASSOCIATES, P.C. BY: `?f I Jqj? A. We gle, Esquire Attorney ID #01624 126 East King Street Shippensburg, PA 17257 Telephone 717-532-7388 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. § 4904, relating to unsworn falsification to authorities. Dated: /'? le';(' WILLIS L. GREEN, SR., Plaintiff WEIGLE 6 ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ?~? -?-` ?? ?? r... ? ?/ ,,_ : ; _ ?; ? ter' - - - ??? ?. ? - ; ? ? -_ ?i? ? , ?.. C' c l.- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIS L. GREEN, SR., CIVIL ACTION - LAW Plaintiff V. NO. vc?-- /CX- -) BETTY ANN GREEN, Defendant IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter- affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on May 1998, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Dated: 0 fex ww? -4 Willis L. Green, Sr., Plaintiff WEIGLE 6 ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPEN56URG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIS L. GREEN, SR., CIVIL ACTION - LAW Plaintiff V. BETTY ANN GREEN, Defendant NO. 04-12',53 CIVIL IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND Patricia A. Frey, being duly sworn according to law, deposes and says that on March 26, 2004, a true and attested copy of Notice to Defend with Complaint in Divorce and Affidavit Under Section 3301(d) and Counter-Affidavit Under 3301(d) were served upon the Defendant, Betty Ann Green. Manner of service: by mailing the same postage paid, certified mail, addressee only, and return receipt requested, at Shippensburg, Pennsylvania, addressed as follows: Betty An Green 12047 Gear Road Waynesboro, PA 17268 The return receipt signed by the Defendant is evidence of delivery to her and is attached hereto as "Exhibit A." Sworn to and subscribed before me this 29`s day of March, 2004. r"ina A ?,l e+L Patricia A. Frey Notary Public NotadalSeal Patricia L.Tome, Notary Public 5My ippensburg Boro, Cumberland County Commisslon Expires June 7, 2004 WEIGLE G ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIS L. GREEN, SR., CIVIL ACTION - LAW Plaintiff V NO. 04-1253 CIVIL BETTY ANN GREEN, Defendant IN DIVORCE PROOF OF SERVICE a- L un 1 m g93p? Postage ? $ a QP t'?5,? ? " Cerlitied Fee Poslma O Return Receipt Fee (Endorsement Required) C .iQ N a G C3 O Restncted Delivery Fee (Entlorsement Required) ?/? ` v J ?+ J O ? Total Postage & Fees $ • ?O 11'3 .p ru Sent To e±} (3 Iplete reG N Q nr) C --- --- -------------------------------- I A. Signature ? Agent ,a C3 ----o--- ? ---- Street, Apt. N.; or POBox No. 1?0 -_ . - p averse RQ,---. 49 ---_- Gear_ X Addressee n1e) Date of Dellve R i b C3 - -------- City, State, ZIP+4 --------- 1f ? 1 r-) Z& g J?e ??r0 r ece B. y per. I_ (/ GGG •6 D. (s delivery add different from item 1? ? Yes 1. Arwe Adrod to: If YES, enter delivery address balm _/O No ? ? Ann Green laO4C1 Gear Goad 'nato g 1 r0 9. Service, W11 nPS 0G , Mall ? Express Mail O. Registered PrReturn Receipt fm MachwKR" ? Insured Mall ? C.O.D. ?,( 4. Restricted Delivery? (Extra Fee) P'c YN 2. Article Number 7001 2510 00 1 8143 8559 (Transfer from service label) Domestic 'Return Receipt Qg3:;i-::A`N 102596-M- -1540 PS Form 3811, August 2001 Exhibit "A" WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 rr L; Z '> r:; %U fT7 T z C_ Gt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIS L. GREEN, SR., Plaintiff V. BETTY ANN GREEN, Defendant CIVIL ACTION - LAW NO. 044253 CIVIL IN DIVORCE COUNTER-AFFIDAVIT UNDER & 3301(d) OF THE DIVORCE CODE Check either (a) or (b): A (a) I do not oppose the entry of a divorce decree. ? (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): ? (i) The parties to this action have not lived separate and apart for a period of at least two years. ? (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): ? (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief, which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Dated: 9 0 q ?4 A'C Betty Ann een, Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 o Ci IV t'i C'7 co WILLIS L. GREEN, SR., Plaintiff v BETTY A. GREEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-1253 CIVIL IN DIVORCE ACCEPTANCE OF SERVICE I, Jerry Weigle, Esquire, acknowledge that on June 2004, I received a true and attested copy of Defendant's Answer to Plaintiff's Complaint in Divorce in the above captioned action and further acknowledge that I am authorized to do so on behalf of my client, Plaintiff, Willis L. Green, Sr. Date: ("', // !;-/c y q r Jet/y A. Weigle{ Esquire 'Weigle & Assoclatcs, PC 126 East King Street Shippensburg, PA 17257 Sworn and subscribed to before me this /5"`1 day o1f/11 ?NJlct x 0 12004 ?Ya ltf?r rct O 1 ?Gm Q NOTARY PUBLIC Nowna sm MMUM HOME NOkwy p bk \ r 010@M0AKaA69itMW0=#m C,..'. MV COWNW lOn DOW Jun 7, 2006 ?" G TIITi .-11...7 I " ? '- CA . C--. F y)t W. I rycXU:? WILLIS L. GREEN SR., vs Case No. 04-1253 BETTY ANN GREEN Statement of Intention to Proceed To the Court: Jerry A. Weigle, Esquire intends roceed with the above caption matter. r Print Name Jerry A. Weigle, Esqu§" Nat ,- Date: 7 Attorney for Willis L. Green, Sr. c= Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been temminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. G .°.a CAI Vic'` , rn WILLIS L. GREEN, SR., 2~~~ ~~~ ~ Z Pi's ~ : ~ ~ THE COURT OF COMMON PLEAS Plaintiff F CUMBERLAND COUNTY No. 04-1253 CIVIL BETTY ANN GREEN, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under §3301(d) of the Divorce Code was filed on March 24, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: _ lQ - ~V ~ ` (~ Lt/,~r~G~-~ ~ ~ /-1-.,~ WILLIS L. GREEN, SR., Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) AND & 3301(d~OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: ~-' ?j~ j~ Lt/t,~_~ ~ ~ - WILLIS L. GREEN, SR., Plaintiff WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA ]7257-1397 ~1 JUL 13 X010 WILLIS L. GREEN, SR., Plaintiff v. BETTY A. GREEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 04-1253 CIVIL TERM IN DIVORCE RETIREMENT BENEFITS COURT ORDER i AND NOW, this 1 ~ ~ ~ day of j 2010, this matter having come before the Court on motion, and the Court, after revie ing the Motion and being otherwise fully advised of the matter: IT IS HEREBY ORDERED that Betty A. Green, SSN 163-44-2250, 12047 Gehr Road, Waynesboro, Pennsylvania, 17268, is awarded $37,495.00 from the Thrift Savings Plan account of Willis L. Green, Sr., SSN 205-36-9237, TSP Account Number 4901 .7430 10937, 133 Newville Road, Shippensburg, Pennsylvania, 17257 as of July 2, 2010. IT IS FURTHER ORDERED that earnings shall be paid on the amount of the entitlement under this ORDER until payment is made. By the Court, ,, ~,~ Cc: / Jerry A. Weigle, Esquire Attorney for Plaintiff +~ Hannah Herman-Snyder, Esquire Attorney for Defendant ~ p;,es n1a. led ~l-~Il~ ~~ cn c~ ~ '=i , _;~ . _ _ u:_ `~. __ _ _. ~~ __~ .. ~ ~ .~ '., .~ }d A . .. ~; _t WILLIS L. GREEN, SR., Plaintiff V. BETTY A. GREEN, Defendant rrf rv^_ f yy i; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 04-1253 CIVIL TERM IN DIVORCE PROPERTY AND SEPARATION AGREEMENT BETWEEN BETTY A. GREEN AND WILLIS L. GREEN, SR. GRIFFIE AND ASSOCIATES 200 NORTH HANOVER STREET CARLISLE, PA 17013 • C4 day of _ J ul? , 2010, THIS AGREEMENT, made this ~? by and between BETTY A. GREEN, of 12047 Gehr Road, Waynesboro, Franklin County, Pennsylvania, party of the first part, hereinafter referred to as "Wife", AND WILLIS L. GREEN, SR., of 133 Newville Road, Shippensburg, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Husband", WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on October 10, 1969, in Washington County, Maryland. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other including the settling of matters between them relating to the past, present and future support and/or maintenance of Wife by Husband and Husband by Wife. WHEREAS, the parties hereto wish finally and for all time to settle and determine their respective property and other rights growing out of their marital relation; wish to live separate and apart; and, wish to enter into this property and separation Agreement; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; WHEREAS, Wife acknowledges that she is thoroughly conversant with and knows accurately the size, degree, and extent of the estate and income of Husband, and Husband acknowledges that he is thoroughly conversant with and knows accurately the size, degree and extent of the estate and income of Wife; NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Hannah Herman-Snyder, Esquire for Wife and Jerry A. Weigle, Esquire for Husband. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he or she in the procurement and execution of this Agreement, has not been subjected to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. 2. WARRANTY OF DISCLOSURE: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties' attorneys and/or parties and this Agreement between the parties is based upon this disclosure. 3. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 4. PERSONAL RIGHTS AND SEPARATION: Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 5. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301 (c) or (d) of the Divorce Code of 1980. 6. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement hall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all times. 7. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 8. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property, including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 9. BANK ACCOUNTS: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have to equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. The parties hereby confirm their prior equal distribution of the contents of their joint accounts and neither shall hereafter make any claim against the other regarding the same. 10. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both parties, with these vehicles being owned either at the present time or were owned at the time of the separation, the parties agree as follows: a. The 1981 Pace Arrow Motor Home that was in Husband's possession at the time of separation shall remain, or any proceeds he has obtained from the sale of said vehicle, the sole and exclusive property of Husband. Wife shall waive any right, title, and interest she has or may have in said vehicle or proceeds. b. The 1955 Chevrolet Corvair that was in Husband's possession at the time of the separation shall remain, or any proceeds he obtained from the sale of the vehicle, the sole and exclusive property of Husband. Wife shall waive any right, title, and interest she has or may have in said vehicle or proceeds. C. The Dune Buggy currently in Wife's shall remain the sole and exclusive property or proceeds of Wife. Husband shall waive any right, title, and interest he has or may have in said vehicle and shall cooperate with signing over the title to Wife within ten (10) days of the execution of the Agreement. d. The 1985 pick up truck that was in Husband's possession at the time of the separation shall remain, or any proceeds he obtained from the sale of the vehicle, the sole and exclusive property of Husband. Wife shall waive any right, title and interest she has or may have in said vehicle or proceeds. 11. AFTER-ACQUIRED PERSONAL PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her after the parties date of separation, with full power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 12. REAL ESTATE: The parties did not own any real estate together, or in separate names, at the time of their separation. 13. CASH PAYMENT: Husband shall pay to Wife, at the time of execution of this Agreement, THIRTEEN THOUSAND AND 00/100 DOLLARS ($13,000.00), in the form of certified funds, to be payable to Hannah Herman-Snyder, Esquire as attorney for Betty A. Green. 14. PENSION, RETIREMENT, PROFIT SHARING: a. The parties recognize that Wife participates in the Washington County Hospital Association Employees Cash Balance Pension Plan and the Washington County Hospital Thrift Plan administered by Fidelity Investments pursuant to her employment with Washington County Hospital. For the mutual promises and covenants contained in this Agreement, Husband hereby waives all right, title, claim and interest he may have by equitable distribution, or otherwise, in said Washington County Hospital Association Employees Cash Balance Pension Plan and Washington County Hospital Thrift Plan administered by Fidelity Investments. b. The parties recognize that Husband has a Thrift Savings Plan (TSP) as a result of his employment with Letterkenney Army Depot and the parties agree that Wife shall receive THIRTY-SEVEN THOUSAND FOUR HUNDRED NINETY-FIVE AND 00/100 DOLLARS ($37,495.00), plus any gains from the time of this Agreement to the time the funds are disbursed, as a direct rollover from said TSP. Husband shall cooperate with any and all documentation in order to facilitate this transfer, including but not limited to, his concurrence in the Motion to transfer this amount, with the Motion being filed at the time this Agreement is executed. For the mutual promises and covenants contained in this Agreement, Wife hereby waives all right, title, claim or interest she may have by equitable distribution or otherwise in Husband's Thrift Savings Plan (TSP), except as set forth herein. c. The parties recognize that Husband has a FERS Retirement Plan as a result of his employment with Letterkenney Army Depot. For mutual promises and covenants contained in this Agreement, Wife hereby waives all right, title, claim or interest she may have by equitable distribution or otherwise in Husband's FERS Retirement. d. Each party specifically waives any and all rights to pre-retirement death benefits and survivor benefits under the other's pension or retirement plan(s) and each acknowledges that the effect of this waiver is that he or she will not be entitled to any benefits whatsoever from these contracts, plans or accounts if the other dies before or after reaching retirement age and each agrees and unequivocally consents to the designation by the other of any alternate or further beneficiaries at any time. 15. BURIAL PLOTS: The parties are joint owners of burial plots located at St. Andrew Cemetery, Waynesboro, Pennsylvania, Sections F-I, Lot III, with their ownership interest being conveyed by a Cemetary Easement. Husband agrees to waive any right, title and interest he has in said burial plots, except for the plot at which there is already a headstone designated for him, and to sign over the easement/ownership rights to Wife upon being provided with the appropriate documentation for his signature by Wife. Wife agrees to waive any right, title and interest she has in the plot already designated for Husband as stated above, and to sign over the easement/ownership rights to Husband upon being provided with the appropriate documentation for her signature by Husband. Furthermore, Husband agrees that he shall use the plot designated for him only for the purpose of being buried in said plot. If at any point he decides he will not be using the plot, he will convey his interest back to Wife. 16. LIFE INSURANCE: Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other. Each party agrees to sign any documents necessary to waive, relinquish, or transfer any rights on such policies to the respective party who presently owns such policies. 17. DEBTS: Except as otherwise herein expressly provided, the parties shall and do hereby mutually remise, release and forever discharge each other from any and all actions, suits, debts, claims, demands and obligations whatsoever, both in law and in equity, which either of them ever had, now has, or may hereafter have against the other upon or by reason of any matter, cause or thing up to the date of the execution of this Agreement. In the event that either party becomes a debtor in bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provision of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor spouse, and the debtor spouse hereby assigns, transfers, and conveys to the creditor spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. The failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of conditions precedent, shall not in any way void or alter the remaining obligations of either of the parties. 18. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 19. WARRANTY AS TO FUTURE OBLIGATIONS: Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided fro by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. 20. ALIMONY ALIMONY PENDENTE LITE SPOUSAL SUPPORT AND MAINTENANCE: a. Husband hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife. b. Wife hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Husband. 21. BANKRUPTCY: The respective duties, covenants and obligations of each party under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy court should discharge a party of accrued obligations to the other, this Agreement shall continue in full force and effect thereafter as to any duties, covenants and obligations accruing or to be performed thereafter. 22. DIVORCE: Husband has commenced an action for divorce from Wife pursuant to Section 3301 (c) of the Pennsylvania Divorce Code (irretrievable breakdown) by the filing of a Divorce Complaint as the parties have agreed to consent to a divorce. At the time of execution of this Agreement, both parties agree that they shall each sign an Affidavit of Consent and Waiver of Notice of Intention to Request the Entry of a Divorce Decree evidencing that each of them consents to the divorce and each shall provide said documents to counsel for Husband, with Husband's counsel processing the Affidavit of Consent and Waiver of Notice of Intention to Request the Entry of a Divorce Decree for both parties as soon as he receives them. It is further agreed and understood that any Decree of Divorce issuing in this matter shall reflect the fact that Husband shall bear the cost of same in his individual capacity. a. Each of the parties agree that this Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under Section 3501 (Equitable Distribution) of the Pennsylvania Code, Act No. 1990-206. b. This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 23. LEGAL FEES: In the review and preparation of this Agreement, each party shall bear his/her own legal fees. 24. REMEDY FOR BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such breach, in which event the breaching party shall be responsible for payment for reasonable legal fees and costs incurred by the other in enforcing their rights hereunder, or to seek such other remedies or relief as may be available to him or her. 25. EQUITABLE DISTRIBUTION: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of December 19, 1990 (P.L. No. 1240, No. 206) known as "The Divorce Code," 23 P.S. 3501 et seq. of the Commonwealth of Pennsylvania, and as amended. 26. SUMMARY OF EFFECT OF AGREEMENT: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 27. TAX CONSEQUENCES: By this agreement, the parties have intended to effectuate and have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds of other property not constituting a part of the marital estate. 28. MUTUAL COOPERATION/DUTY TO EFFECTUATE AGREEMENT: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 29. RECONCILIATION: The parties shall only effect a legal reconciliation which supersedes this agreement by their signed agreement containing a specific statement that they have reconciled and that this agreement shall be null and void; otherwise, this agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal effect or this agreement or cause any new marital rights or obligations to accrue. 30. SEVERABILITY: The parties agree that the separate obligations contained in this Agreement shall be deemed to be interdependent. If any term, clause, or provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, then the parties agree that the Agreement may be reviewed and renegotiated in order to fulfill as closely as possible the purpose of the invalid provision. Notwithstanding any release contained herein, the parties intend that they may reinstate any and all economic claims to the extent available under the Divorce Code of 1980. Further, any court of competent jurisdiction may, under the equitable provisions and purposes of the Divorce Code, reinstate any economic claim which was available at the time of the parties' separation or avoid any waiver herein contained to renegotiate or effectuate as nearly as possible the purpose of the unenforceable provision. 31. NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 32. INTEGRATION: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as written contract separate from such judgment for divorce and may be enforced as an independent contract. 33. EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 34. NOTICES: Any and all notices given hereunder shall be in writing and shall be sent registered mail, return receipt requested: a. To the Husband, at 133 Newville Road, Shippensburg, Pennsylvania 17257. b. To the Wife, at 10247 Gehr Road, Waynesboro, Pennsylvania, 17268. 35. WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 36. CAPTIONS: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 37. AGREEMENT BINDING ON HEIRS: The Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 38. LAW OF PENNSYLVANIA APPLICABLE: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 39. SUBSEQUENTLY DISCOVERED PROPERTY PENALTY FOR NONDISCLOSURE: Should either of the parties subsequently discover the existence of any marital property not distributed by this Agreement, said property shall be divided in the same proportion as this Agreement's equitable distribution of marital property (50/50). However, if the existence of said property was knowingly concealed or its value misrepresented by one of the parties, said property shall be transferred in its entirety to the non-concealing party and the concealing party shall pay all costs, fees, and attorney's fees occasioned by the failure to disclose its existence or true value. IN WITNESS WHEREOF, the parties have set their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. Witness: ?&A &?? A-14al) Betty A. en ,g.._ (Seal) Willis L. Green, Sr. COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF FRANKLIN ) On this, the c.? "day of , 2010, before me, a notary public, the undersigned officer, person appeared BETTY A. GREEN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and notarial seal. Notary Public Notarial Seal COMMONWEALTH O P YLVANIA ) Jeanne M. Nemine, Notary Public Pro of Chambersburg, Franklin County My Commission Expires April 18, 2011 COUNTY OF ) On this, the day of , 2010, before me, a notary public, the undersigned officer, personally appeared WILLIS L. GREEN, SR., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and notarial seal. 1$?' 'CO A0101*0 swldx3 uapslW AIun63 pu9lj9gwn3 •6jngsuad414S AO oilgnd A,e10N •ol6ieM 'W Auir '1V3S IVINV* 10N WINVAIASNN3d. d0 H11V3MN01%ft0 ' WILLIS L. GREEN, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY A. . No. 04-1253 CIVIL , BETTY ANN GREEN, Defendant IN DIVORCE --- AFFIDAVIT OF CONSENT 1. A Complaint in divorce under §3301(d) of the Divorce Code was filed on Mare 21004' 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: 11117 Ol jA-tt/lrt-) BETTY A GREEN, Defendant _WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 c)AAND § 3301(d) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: /Z 7,?Z f 0 BETTY A GREEN, Defendant WEIGL.E & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 r /1 .r? L! ri f.. tlyl Y. e ? ?i ®yr WILLIS L. GREEN, SR., Plaintiff V. BETTY A. GREEN, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 04-1253 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) 33Q1(d)(1) of the Diverve Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: June 15, 2004, as indicated in Acceptance of Service. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: June 30, 2010 by Defendant: November 17, 2010 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: None 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiffs Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: June 12, 2010 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: November 19, 2010 Nint. C1lAMnA' dt^14AIA Hannah Herman-Snyder, Esquir GRIME & ASSOCIATES Attorney for Defendant Willis L. Green, Sr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Betty Ann Green NO. 04-1253 DIVORCE DECREE AND NOW, Zd Z>, it is ordered and decreed that Willis L. Green, Sr. plaintiff, and Betty Ann Green defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. The parties' Property and Separation Agreement, dated July 2, 2010, is incorporated herein but not merged. Rv 4hc C`ni irF rothonotary 199( 4